Trusts and Estates — undue influence

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2013//

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Wisconsin Court of Appeals

Civil

Trusts and Estates — undue influence

Mark Ely, Norman Ely’s son, appeals an order admitting to probate Norman’s will dated August 16, 2011. He contends the circuit court improperly granted summary judgment to his niece and Norman’s granddaughter, Lisa Orth; her brother, Dustin Ely; and Casey Orth over Mark’s undue influence objection. We agree that a genuine issue of material fact precludes summary judgment on the undue influence issue—specifically, suspicious circumstances—and remand for an evidentiary hearing. This opinion will not be published.

2012AP565 In re the estate of Norman W. Ely

Dist III, Shawano County, Habeck, J., Per Curiam

Attorneys: For Appellant: Tusler, Ronald W., Appleton; For Respondent: Wagener, Nicholas Andrew, Appleton

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